9.105
Procedures
FAR 9.105 requires contracting officers to thoroughly investigate, document, and protect information regarding contractor responsibility before awarding contracts.
Overview
FAR 9.105 outlines the procedures that contracting officers must follow to determine whether a prospective contractor is responsible before awarding a contract. This section details how to obtain and evaluate information about a contractor’s financial resources, performance history, integrity, and other relevant factors. It also covers the requirements for documenting responsibility determinations and the rules regarding the disclosure of preaward information. The procedures ensure that only responsible contractors receive government contracts, thereby protecting the government’s interests and promoting fair competition.
Key Rules
- Obtaining Information
- Contracting officers must gather sufficient information to make an informed responsibility determination, using sources such as past performance records, financial statements, and government databases.
- Determinations and Documentation
- Officers must formally document their responsibility determinations, including the rationale and supporting evidence, in the contract file.
- Disclosure of Preaward Information
- There are strict limitations on what preaward information can be disclosed to protect sensitive contractor data and maintain the integrity of the procurement process.
Responsibilities
- Contracting Officers: Must thoroughly investigate and document contractor responsibility, and safeguard preaward information.
- Contractors: Should be prepared to provide accurate and complete information regarding their qualifications and past performance.
- Agencies: Must ensure oversight of the responsibility determination process and compliance with documentation and disclosure requirements.
Practical Implications
- This section exists to prevent contract awards to unqualified or unreliable contractors.
- It impacts daily contracting by requiring due diligence, thorough documentation, and careful handling of sensitive information.
- Common pitfalls include inadequate documentation, failure to use all available information sources, and improper disclosure of preaward data.